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‘‘(B) the Secretary determines, based on the writ-
1
ten views of the Secretary of State and the Assistant
2
to the President for National Security Affairs, that
3
the sale or transfer will not adversely affect the na-
4
tional security interests of the United States;
5
‘‘(C) the Secretary determines that the sale of the
6
material will not have an adverse material impact on
7
the domestic uranium mining, conversion, or enrich-
8
ment industry, taking into account the sales of ura-
9
nium under the Russian HEU Agreement and the
10
Suspension Agreement; and
11
‘‘(D) the price paid to the Secretary will not be
12
less than the fair market value of the material.’’.
13
(b) E
XEMPT
T
RANSFERS AND
S
ALES
.—Section 3112(e)
14
of the USEC Privatization Act (42 U.S.C. 2297h–10(e)) is
15
amended to read as follows:
16
‘‘(e) E
XEMPT
S
ALES
OR
T
RANSFERS
.—Notwith-
17
standing subsection (d)(2), the Secretary may transfer or
18
sell uranium—
19
‘‘(1) to the Tennessee Valley Authority for use
20
pursuant to the Department of Energy’s highly en-
21
riched uranium or tritium program, to the extent
22
provided by law;
23
‘‘(2) to research and test reactors under the Uni-
24
versity Reactor Fuel Assistance and Support Pro-
25
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gram or the Reduced Enrichment for Research and
1
Test Reactors Program;
2
‘‘(3) to USEC Inc. to replace contaminated ura-
3
nium received from the Department of Energy when
4
the United States Enrichment Corporation was
5
privatized;
6
‘‘(4) to any person for emergency purposes in the
7
event of a disruption in supply to end users in the
8
United States; and
9
‘‘(5) to any person for national security pur-
10
poses, as determined by the Secretary.’’.
11
SEC. 512. REAUTHORIZATION OF THORIUM REIMBURSE-
12
MENT.
13
(a) R
EIMBURSEMENT OF
T
HORIUM
L
ICENSEES
.—Sec-
14
tion 1001(b)(2)(C) of the Energy Policy Act of 1992 (42
15
U.S.C. 2296a) is amended—
16
(1) by striking ‘‘$140,000,000’’ and inserting
17
‘‘$365,000,000’’; and
18
(2) by adding at the end the following: ‘‘Such
19
payments shall not exceed the following amounts:
20
‘‘(i) $90,000,000 in fiscal year 2002.
21
‘‘(ii) $55,000,000 in fiscal year 2003.
22
‘‘(iii) $20,000,000 in fiscal year 2004.
23
‘‘(iv) $20,000,000 in fiscal year 2005.
24
‘‘(v) $20,000,000 in fiscal year 2006.
25
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‘‘(vi) $20,000,000 in fiscal year 2007.
1
Any amounts authorized to be paid in a fiscal
2
year under this subparagraph that are not paid
3
in that fiscal year may be paid in subsequent
4
fiscal years.’’.
5
(b) A
UTHORIZATION
OF
A
PPROPRIATIONS
.—Section
6
1003(a) of the Energy Policy Act of 1992 (42 U.S.C. 2296a–
7
2) is amended by striking ‘‘$490,000,000’’ and inserting
8
‘‘$715,000,000’’.
9
(c)
D
ECONTAMINATION
AND
D
ECOMMISSIONING
10
F
UND
.—Section 1802(a) of the Atomic Energy Act of 1954
11
(42 U.S.C. 2297g–1(a)) is amended—
12
(1) by striking ‘‘$488,333,333’’ and inserting
13
‘‘$518,233,333’’; and
14
(2) by inserting after ‘‘inflation’’ the following:
15
‘‘beginning on the date of enactment of the Energy
16
Policy Act of 1992’’.
17
SEC. 513. FAST FLUX TEST FACILITY.
18
The Secretary of Energy shall not reactivate the Fast
19
Flux Test Facility to conduct—
20
(1) any atomic energy defense activity,
21
(2) any space-related mission, or
22
(3) any program for the production or utiliza-
23
tion of nuclear material if the Secretary has deter-
24
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mined, in a record of decision, that the program can
1
be carried out at existing operating facilities.
2
SEC. 514. NUCLEAR POWER 2010.
3
(a) D
EFINITIONS
.—In this section:
4
(1) S
ECRETARY
.—The term ‘‘Secretary’’ means
5
the Secretary of Energy.
6
(2) O
FFICE
.—The term ‘‘Office’’ means the Office
7
of Nuclear Energy Science and Technology of the De-
8
partment of Energy.
9
(3) D
IRECTOR
.—The term ‘‘Director’’ means the
10
Director of the Office of Nuclear Energy Science and
11
Technology of the Department of Energy.
12
(4) P
ROGRAM
.—The term ‘‘Program’’ means the
13
Nuclear Power 2010 Program.
14
(b) E
STABLISHMENT
.—The Secretary shall carry out
15
a program, to be managed by the Director.
16
(c) P
URPOSE
.—The program shall aggressively pursue
17
those activities that will result in regulatory approvals and
18
design completion in a phased approach, with joint govern-
19
ment/industry cost sharing, which would allow for the con-
20
struction and startup of new nuclear plants in the United
21
States by 2010.
22
(d) A
CTIVITIES
.—In carrying out the program, the Di-
23
rector shall—
24
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(1) issue a solicitation to industry seeking pro-
1
posals from joint venture project teams comprised of
2
reactor vendors and power generation companies to
3
participate in the Nuclear Power 2010 program;
4
(2) seek innovative business arrangements, such
5
as consortia among designers, constructors, nuclear
6
steam supply systems and major equipment suppliers,
7
and plant owner/operators, with strong and common
8
incentives to build and operate new plants in the
9
United States;
10
(3) conduct the Nuclear Power 2010 program
11
consistent with the findings of ‘‘A Roadmap to De-
12
ploy New Nuclear Power Plants in the United States
13
by 2010’’ issued by the Near-Term Deployment Work-
14
ing Group of the Nuclear Energy Research Advisory
15
Committee of the Department of Energy;
16
(4) rely upon the expertise and capabilities of
17
the Department of Energy national laboratories and
18
sites in the areas of advanced nuclear fuel cycles and
19
fuels testing, giving consideration to existing lead lab-
20
oratory designations and the unique capabilities and
21
facilities available at each national laboratory and
22
site;
23
(5) pursue deployment of both water-cooled and
24
gas-cooled reactor designs on a dual track basis that
25
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will provide maximum potential for the success of
1
both;
2
(6) include participation of international col-
3
laborators in research and design efforts where bene-
4
ficial; and
5
(7) seek to accomplish the essential regulatory
6
and technical work, both generic and design-specific,
7
to make possible new nuclear plants within this dec-
8
ade.
9
(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
10
authorized to be appropriated to the Secretary to carry out
11
the purposes of this section such sums as are necessary for
12
fiscal year 2003 and for each fiscal year thereafter.
13
SEC. 515. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
14
(a) F
INDINGS
.—Congress finds that—
15
(1) before the Federal Government takes any ir-
16
reversible action relating to the disposal of spent nu-
17
clear fuel, Congress must determine whether the spent
18
fuel in the repository should be treated as waste sub-
19
ject to permanent burial or should be considered an
20
energy resource that is needed to meet future energy
21
requirements; and
22
(2) national policy on spent nuclear fuel may
23
evolve with time as improved technologies for spent
24
fuel are developed or as national energy needs evolve.
25
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(b) D
EFINITIONS
.—In this section:
1
(1) A
SSOCIATE DIRECTOR
.—The term ‘‘Associate
2
Director’’ means the Associate Director of the Office.
3
(2) O
FFICE
.—The term ‘‘Office’’ means the Office
4
of Spent Nuclear Fuel Research within the Office of
5
Nuclear Energy Science and Technology of the De-
6
partment of Energy.
7
(c) E
STABLISHMENT
.—There is established an Office
8
of Spent Nuclear Fuel Research within the Office of Nuclear
9
Energy Science and Technology of the Department of En-
10
ergy.
11
(d) H
EAD OF
O
FFICE
.—The Office shall be headed by
12
the Associate Director, who shall be a member of the Senior
13
Executive Service appointed by the Director of the Office
14
of Nuclear Energy Science and Technology, and com-
15
pensated at a rate determined by applicable law.
16
(e) D
UTIES OF THE
A
SSOCIATE
D
IRECTOR
.—
17
(1) I
N GENERAL
.—The Associate Director shall
18
be responsible for carrying out an integrated research,
19
development, and demonstration program on tech-
20
nologies for treatment, recycling, and disposal of
21
high-level nuclear radioactive waste and spent nuclear
22
fuel, subject to the general supervision of the Sec-
23
retary.
24
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(2) P
ARTICIPATION
.—The Associate Director
1
shall coordinate the participation of national labora-
2
tories, universities, the commercial nuclear industry,
3
and other organizations in the investigation of tech-
4
nologies for the treatment, recycling, and disposal of
5
spent nuclear fuel and high-level radioactive waste.
6
(3) A
CTIVITIES
.—The Associate Director shall—
7
(A) develop a research plan to provide rec-
8
ommendations by 2015;
9
(B) identify promising technologies for the
10
treatment, recycling, and disposal of spent nu-
11
clear fuel and high-level radioactive waste;
12
(C) conduct research and development ac-
13
tivities for promising technologies;
14
(D) ensure that all activities include as key
15
objectives minimization of proliferation concerns
16
and risk to the health of the general public or
17
site workers, as well as development of cost-effec-
18
tive technologies;
19
(E) require research on both reactor- and
20
accelerator-based transmutation systems;
21
(F) require research on advanced processing
22
and separations;
23
(G) include participation of international
24
collaborators in research efforts, and provide
25
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funding to a collaborator that brings unique ca-
1
pabilities not available in the United States if
2
the country in which the collaborator is located
3
is unable to provide for their support; and
4
(H) ensure that research efforts are coordi-
5
nated with research on advanced fuel cycles and
6
reactors conducted by the Office of Nuclear En-
7
ergy Science and Technology.
8
(f) G
RANT
AND
C
ONTRACT
A
UTHORITY
.—The Sec-
9
retary may make grants, or enter into contracts, for the
10
purposes of the research projects and activities described in
11
this section.
12
(g) R
EPORT
.—The Associate Director shall annually
13
submit to Congress a report on the activities and expendi-
14
tures of the Office that describes the progress being made
15
in achieving the objectives of this section.
16
SEC. 516. DECOMMISSIONING PILOT PROGRAM.
17
(a) P
ILOT
P
ROGRAM
.—The Secretary of Energy shall
18
establish a decommissioning pilot program to decommission
19
and decontaminate the sodium-cooled fast breeder experi-
20
mental test-site reactor located in northwest Arkansas in
21
accordance with the decommissioning activities contained
22
in the August 31, 1998, Department of Energy report on
23
the reactor.
24
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(b) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is
1
authorized to be appropriated to carry out this section
2
$16,000,000.
3
Subtitle C—Growth of Nuclear
4
Energy
5
SEC. 521. COMBINED LICENSE PERIODS.
6
Section 103c. of the Atomic Energy Act of 1954 (42
7
U.S.C. 2133(c)) is amended—
8
(1) by striking ‘‘c. Each such’’ and inserting the
9
following:
10
‘‘c. L
ICENSE
P
ERIOD
.—
11
‘‘(1) I
N GENERAL
.—Each such’’; and
12
(2) by adding at the end the following:
13
‘‘(2) C
OMBINED
LICENSES
.—In the case of a
14
combined construction and operating license issued
15
under section 185(b), the duration of the operating
16
phase of the license period shall not be less than the
17
duration of the operating license if application had
18
been made for separate construction and operating li-
19
censes.’’.
20
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Subtitle D—NRC Regulatory
1
Reform
2
SEC. 531. ANTITRUST REVIEW.
3
(a) I
N
G
ENERAL
.—Section 105 of the Atomic Energy
4
Act of 1954 (42 U.S.C. 2135) is amended by adding at the
5
end the following:
6
‘‘d. A
NTITRUST
L
AWS
.—
7
‘‘(1) N
OTIFICATION
.—Except as provided in
8
paragraph (4), when the Commission proposes to
9
issue a license under section 103 or 104b., the Com-
10
mission shall notify the Attorney General of the pro-
11
posed license and the proposed terms and conditions
12
of the license.
13
‘‘(2) A
CTION
BY
THE
ATTORNEY
GENERAL
.—
14
Within a reasonable time (but not more than 90
15
days) after receiving notification under paragraph
16
(1), the Attorney General shall submit to the Commis-
17
sion and publish in the Federal Register a determina-
18
tion whether, insofar as the Attorney General is able
19
to determine, the proposed license would tend to cre-
20
ate or maintain a situation inconsistent with the
21
antitrust laws.
22
‘‘(3) I
NFORMATION
.—On the request of the Attor-
23
ney General, the Commission shall furnish or cause to
24
be furnished such information as the Attorney Gen-
25
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